Recapture of Excluded Fields Sample Clauses

Recapture of Excluded Fields. In the event that the rights to either Consumer Electronic Products or one or more Additional Excluded Fields, in each such case either in whole or in part, are acquired by Licensor, without the need for any payment of Additional Consideration (as defined herein) by Licensor, such recaptured fields of use shall automatically and without further action of the Parties be included within the VPC Fields. Where rights in either Consumer Electronic Products or one or more Additional Excluded Fields are acquired by Licensor as a result of Licensor’s payment of any form of Additional Consideration, Licensor may, at its sole discretion, offer Licensee an opportunity to acquire a license to said fields of use on terms mutually acceptable to the Parties. “Additional Consideration” shall mean a payment made by Licensor in return for the recapture of all or a portion of any exclusive license rights granted by Licensor, which payment is made pursuant to a bona fide, arms-length transaction between unrelated parties and represents an exchange of reasonably equivalent consideration on both sides. For clarification, the payment made by Licensor as referenced in the preceding sentence may take the form of cash, securities, other tangible or intangible property including a cross license or forbearance, or other consideration.